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HomeMy WebLinkAboutCC MINUTES 1997 06 16MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JUNE 16, 1997 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Thomas at 7:00 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Civil Air Patrol Color Guard presented Colors and the Pledge of Allegiance was led by Councilmember Doyle. w...., INVOCATION i i The Invocation was given by Mr. Al Enderle. ROLL CALL Council Present: Jeffery M. Thomas, Mayor Thomas R. Saltarelli, Mayor Pro Tem Mike Doyle Jim Potts Tracy Wills Worley Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George Jeffries, City Treasurer Elizabeth Binsack, Director of Com. Development Steve Foster, Acting Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Mike Henley, Director of Community Services Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Com. Development Martin Pastucha, Field Services Manager Valerie Crabill, Chief Deputy City Clerk Greg Gubman, Associate Planner Dave Gottlieb, Redevelopment Project Manager Gary Veeh, Water Services Manager Approximately 15 in the audience PROCLAMATION CHAMBER OF COMMERCE 40TH ANNIVERSARY Mayor Thomas read and presented a proclamation honoring the Chamber of Commerce's 40th anniversary. Lou Bone, Chamber of Commerce President -Elect, stated it was an honor to have been chosen as the 40th president of the Chamber of Commerce; thanked Council for the proclamation; and noted the excellent relationship between the Tustin Chamber of Commerce, local businesses, and the City during the past 40 years. PUBLIC INPUT - None PUBLIC HEARINGS (ITEMS 1 THROUGH 3) 1. REQUEST TO CONTINUE CODE AMENDMENT TO ARTICLE 5 OF THE TUSTIN CITY CODE, PUBLIC SAFETY (REQUIRED PAINTING OF VACANT BUILDING EXTERIOR COVERINGS) Council concurred to continue this item to the July 7, 1997 City Council meeting. 440-10 2. WATER QUALITY ORDINANCE NO. 1174 Tim Serlet, City Engineer, reported that the proposed ordinance established legal authority for implementation and enforcement of the National Pollution Discharge Elimination System and explained that the Federal Clean Water Act mandated separate storm drain systems obtain permits to prohibit and control the discharge of pollutants into water ways. He stated that the proposed ordinance prohibited illicit connections or discharges into the storm drain system; required new development or significant redevelopment CITY COUNCIL MINUTES Page 2, 6-16-97 comply with the Orange County Drainage Area Management Plan and any conditions that the Public Works Department or Community Development Department placed on the development to ensure that no degradation of the waterways occurred; enabled staff to perform inspections to verify compliance; allowed the City to instigate enforcement actions ranging from an order of noncompliance to criminal sanctions for violations; allowed issuance of permits for non -storm water discharges necessitated by legal activity occurring on the property, and would not degrade receiving water quality; and allowed full cost recovery for the review of any applications for new development or significant redevelopment or any inspections that resulted in an order of noncompliance or criminal sanction. Council/staff discussion followed regarding City action taken against individuals dumping into sewers/storm drains; and initiating Police Department training in environmental enforcement. Mayor Thomas opened the public hearing at 7:12 p.m. The following member of the audience questioned why the City was adopting a law regarding Tustin Water Corporation drinking water: Onnolee Elliott, Tustin Tim Serlet, City Engineer, clarified that the proposed ordinance governed storm water run-off, and stated City water was tested on a regular basis and test results were forwarded to the County Health Department. There were no other speakers on the subject and the public hearing was closed at 7:14 p.m. It was moved by Worley, seconded by Potts, that Ordinance No. 1174 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1174 by the City Clerk, it was moved by Saltarelli, seconded by Worley, that the following Ordinance No. 1174 be introduced: ORDINANCE NO. 1174 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, COMPLYING WITH REQUIREMENTS OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL STORM WATER PERMIT FOR THE CITY OF TUSTIN Motion carried 5-0. 3. CONSIDERATION OF A LEASE WITH PREMISES KNOWN AS BUILDING NO A SUBLEASE BETWEEN THE CITY 850-05 THE UNITED STATES OF AMERICA FOR THE . 29 (HANGAR NO. 2) MCAS TUSTIN, AND AND WALT DISNEY PICTURES Christine Shingleton, Assistant City Manager, stated that Building 29 was the southerly blimp hangar on the base and the hangar was approximately 298,000 square feet. She summarized the proposed lease between the United States Government and the City including term was 2 years or until property disposal by the Marine Corps not to extend beyond July 1, 1999; the lease provided three 1 -year term extensions; the lease charge was 22 cents a square foot; rent was not charged when a sublease was not occupying the hangar; monthly utility and service charges were based upon engineering estimates and would be billed to the sub -lessee; hangar rent would be deposited in a trust account set up by the Marine Corps to be used for caretaker, building maintenance and improvements within the base, and hanger utility charges; 21% of indirect and direct costs would be drawn from gross rent totals; available rent offsets for tenant requests for building improvements; the City was liable for property loss or damage; sub -lessee must hold insurance; the facility must be maintained in a clean and safe condition; major building maintenance was covered by the trust account; and filming, production, storage, and office space were acceptable uses under the lease. She stated that Council authorization was necessary for staff to complete the lease negotiations; sublease agreement between Walt Disney Pictures and CITY COUNCIL MINUTES Page 3, 6-16-97 the City was not finalized; the sublease was tentatively scheduled to begin July 1, 1997, for 8 months with an option to extend to a 12 -month term; Council authorization permitting staff to conduct sublease negotiations was recommended; authorize transfer of rent revenues to the Redevelopment Agency for Base marketing, administrative, and property management expenses; and filming would be conducted inside the hangar which would prevent additional incremental noise. Council/staff discussion followed regarding that the prime lease was for 2 years; Disney sublease was 8 months; marketing efforts were underway to sublease after termination with Disney; Disney's request to occupy the hangar by July 1, 1997; and prime lease negotiations with the Government had been occurring since April, 1996. Mayor Thomas opened the public hearing at 7:26 p.m. The following member of the audience questioned how the City could be involved in leasing a historical landmark that was Federal property: Onnolee Elliott, Tustin Council/staff responded that base closure policy required the Government to begin leasing portions of the land to the local redevelopment authority; and leasing the hangar would prevent potential blight in the area, provide income, and attract businesses to the City. The following member of the audience stated concern over potential noise created by filming and requested procedures for citizens reporting noise complaints: Kathy Weil, Tustin Meadows Civic Liaison Christine Shingleton, Assistant City Manager, stated that noise complaints should be referred to the Redevelopment Agency or Police Department; and she assured the speaker that all operations would be contained inside the hangar and adjacent property owners would not be aware of tenant activities. There were no other speakers and the public hearing was closed at 7:33 p.m. It was moved by Potts, seconded by Saltarelli, to approve the Environmental Determination for the project by adopting the following Resolution No. 97-45; approve a Lease Agreement between the City of Tustin and the United States of America for the premises known as Building No. 29 (Hangar No. 2) MCAS Tustin and authorize the City Manager or Assistant City Manager to execute said lease with concurrence by the City Attorney; approve the Sublease Agreement between the City of Tustin and Walt Disney Pictures for Building 29 and authorize the City Manager or Assistant City Manager to execute the Sublease with concurrence of City Attorney and subject to any final negotiations with Walt Disney Pictures; authorize the City Manager or Assistant City Manager to negotiate and execute any future subleases for Building 29 consistent with the Master Lease subject to approval by the City Attorney of all lease documents; and authorize transfer of all rent revenues received that are authorized City of Tustin reimbursable expenses to the Redevelopment Agency to be used for marketing and administrative and property management expenses related to the MCAS Tustin Project: RESOLUTION NO. 97-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR THE LEASE AND SUBLEASE OF BUILDING 29, MCAS TUSTIN, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. 400-80 400-10 CITY COUNCIL MINUTES Page 4, 6-16-97 CONSENT CALENDAR (ITEMS 4 THROUGH 15) It was moved by Saltarelli seconded by Potts, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. 4. APPROVAL OF MINUTES - JUNE 2, 1997 REGULAR MEETING Recommendation: Approve the City Council Minutes of June 2, 1997. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $752,639.32 and ratify Payroll in the amount of $446,940.88. 380-10 360-82 6. RESOLUTION NO. 97-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE IMPLEMENTATION OF A MILLS ACT PROGRAM IN THE CITY OF TUSTIN AND ESTABLISHING A POLICY FOR HISTORIC PROPERTY PRESERVATION AGREEMENTS (MILLS ACT CONTRACTS) Recommendation: Adopt Resolution No. 97-50 authorizing the implementation of a Mills Act Program as recommended by the Community Development Department. 670-05 7. RESOLUTION NO. 97-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR MODIFICATION OF TRAFFIC SIGNAL AND INTERCONNECT AT MCFADDEN AVENUE AND PASADENA AVENUE Recommendation: Adopt Resolution No. 97-52 accepting said work as complete and authorize the recordation of the Notice of Completion, and direct the City Clerk to: (1) Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion and (2) Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 406 45 8. APPROVAL OF A HAUL ROUTE AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE TRANSPORTATION CORRIDOR AGENCY'S CONTRACTOR, SILVERADO CONSTRUCTORS Recommendation: Approve and authorize the Mayor and City Clerk to execute the Haul Route Agreement between the City of Tustin and Silverado Constructors as recommended by the Public Works Department/Engineering Division. 400-10 9. RESOLUTION NO. 97-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE WATER MAIN REPLACEMENT PROJECT NOS. 600123 AND 600124 Recommendation: Adopt Resolution No. 97-54 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Water Division. 400-45 10. CITY OF TUSTIN MEASURE M GROWTH MANAGEMENT PROGRAM ANNUAL COMPLIANCE Recommendation: In order to maintain eligibility for the Measure M Programs, it is recommended that the City Council take the following actions in compliance with Measure M requirements: (a) Adopt the draft Measure M Growth Management Seven Year Capital Improvement Program (fiscal year 1997-98 through fiscal year 2003- 2004), (b) Adopt the following Resolution No. 97-56 for Master Plan of Arterial Highways consistency, and (c) Authorize the Public Works Director/City Engineer to submit the City of Tustin's Measure M eligibility package, including certification of the City's Maintenance of Effort and Pavement Management Program, to the Orange County Transportation Authority as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 97-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF TUSTIN 750-20 11. STATUS REPORT: CEDAR GROVE PARK AND HERITAGE WAY PARK Recommendation: Receive and file subject report as recommended by the Community Services Department. 920-65 920-35 ku- CITY COUNCIL MINUTES Page 5, 6-16-97 12. RESOLUTION NO. 97-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE ASPHALT CONCRETE REHABILITATION AND OVERLAY PROJECT 1996-97 FY (CIP 700001) Recommendation: Adopt Resolution No. 97-55 accepting said work as complete and authorizing the recordation of the Notice of Completion, and direct the City Clerk to: (1) Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion and (2) Release the Faithful Performance Bond not sooner than one year after the date of the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 400-45 13. RESOLUTION NO. 97-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING CONSOLIDATION OF THE COUNTY SANITATION DISTRICTS OF ORANGE COUNTY Recommendation: Adopt Resolution No. 97-57 supporting AB 769 which would permit the consolidation of governing boards of the County Sanitation Districts of Orange County as recommended by Mayor Pro Tem Saltarelli. 830-70 14. RESOLUTION NO. 97-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN Recommendation: Adopt Resolution No. 97-53 modifying the Appendix, Designated Positions, contained in the City's Conflict of Interest Code to add the positions of Building Technician, Assistant Planner and Tustin Community Foundation Executive Director, and to delete the position of Water Board as recommended by the City Clerk's Office. 445-05 15. PLANNING COMMISSION ACTION AGENDA - JUNE 9, 1997 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of June 9, 1997. 120-50 REGULAR BUSINESS (ITEMS 16 THROUGH 17) 16. FEE WAIVER, DINOSAUR DASH A Tustin Public Schools Foundation representative displayed the 1997 Dinosaur Dash logo designed by a Tustin High School student, and stated that each year a contest was conducted at the local high schools for creation of a Dinosaur Dash logo. It was moved by Saltarelli seconded by Potts, to waive staff, equipment, and permit fees for the November 16, 1997 Dinosaur Dash. Motion carried 5-0. 17. WORKSHOP - DRAFT 1997-98 BUDGET 330-20 It was moved by Potts seconded by Worley, to conduct a budget workshop on July 7, 1997, at 5:30 p.m. Motion carried 5-0. PUBLIC INPUT CLAIM NO. 97-1 - IRWIN GROSS 330-50 Irwin Gross, 125 N. "B" Street, Tustin, addressed Council regarding his Claim No. 97-1 which was scheduled for discussion during closed session. CITY COUNCIL MINUTES Page 6, 6-16-97 OTHER BUSINESS POLICE DEPARTMENT OPEN HOUSE Councilmember Doyle reported that the first Police Department Open House held on June 14, 1997, was well attended and many tours were given. CHILI COOROFF/STREET FAIR Councilmembers Doyle and Worley, Mayor Pro Tem Saltarelli and Mayor Thomas commented on the high number of people in attendance at the Chili Cookoff/Street Fair, and commended staff for their efforts. POLICE FIRING RANGE TRAINING SITE Councilmember Potts reported that during a meeting he had with a Fullerton Police Captain, a proposed police firing range training site was discussed and requested the Tustin Police Department contact Fullerton regarding a regional firing range training site. ARMY RESERVE REQUEST FOR LAND - MCAS, TUSTIN Councilmember Worley reported that she, Mayor Thomas, and staff had met with Pentagon officials regarding the Army Reserve's request for land on Marine Corps Air .Station, Tustin, and the City would continue their efforts to eliminate that request. MARINE CORPS AIR STATION, TUSTIN - FUTURE DEVELOPMENT Mayor Thomas reported that he and the Assistant City Manager had given a presentation to the Building Industry Association and it was evident by the number of inquiries that there was substantial interest in Marine Base development. STATE OF THE CITY LUNCHEON Mayor Thomas commended the Chamber of Commerce for a successful State of the City Luncheon. EAGLE SCOUT COURT Mayor Thomas reported on his attendance at an Eagle Scout Court and he was impressed with the caliber of young men receiving the awards. CLOSED SESSION Mayor Thomas announced that the City Council would convene in closed session to confer with the City Attorney regarding the following claims: (1) Claim of Irwin Gross, Claim No. 97-1; (2) Claim of Raymond and Barbara Bracy, Claim No. 97-5; and (3) Claim of D.S. Richards, Claim No. not assigned. The City Council would also convene in closed session to confer with the City Attorney and the City's negotiator regarding real property negotiations. The property was located at: 275_E. Main Street. The negotiating parties were the City of Tustin and William Dickinsion. The negotiations concern price and terms and conditions of a potential purchase. COMMITTEE REPORTS TRANSPORTATION CORRIDOR MEETING Councilmember Potts stated a successful meeting had been held with residents regarding the Transportation Corridor and if future meetings were necessary, residents would be notified. FIRE AUTHORITY IMPASSE Councilmember Worley reported that the Fire Authority was at impasse on labor negotiations and the ambulance service issue had not been resolved. CITY COUNCIL MINUTES Page 7, 6-16-97 COUNTY LIBRARIES OPEN SIX DAYS A WEER Councilmember Worley reported that the County Library budget was increased by $1.5 million and all County Libraries would be open six days per week. ADJOURNMENT Mayor� Thomas adjourned the meeting at 7:48 p.m. The City Council scheduled a budget workshop on July 7, 1997, at 5:30 p.m.; and the next regular meeting of the City Council was scheduled for Monday, July 7, 1997, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. CLOSED SESSION STATEMENT It was moved and seconded to deny the claims of Raymond and Barbara Bracy, Claim No. 97-5, and Irwin Gross, Claim No. 97-1. Motion carried 4-0, Doyle absent. —THOMA—B., MAYOR �'�� Willi rRovfli, i ffiffillUl